HomeMy WebLinkAbout021 Allison Sub Covenants - Blackmore Cottage Addendum I 2088651
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DECLARATION OF COVENANTS AND HOMEOWNERS' ASSOCIATION FOR
ALLISON SUBDIVISION- PHASE 2
AND
REMAINDER PROPERTY OF COS 252, 792, & 793
The Undersigned,being all the present owners in fee simple of all the property described
below, which property is commonly known as Allison Subdivision- Phase 2 and the remaining
land of COS 252, (including COS 792), hereby adopt and declare the establishment of the
following Declaration of Covenants and Homeowners' Association for said land, which
covenants are to encumber and run with the land.
LANDS INCLUDED
The land and real property to be included and to which these Covenants pertain are
described as follows:
Certificate of Survey No. 252 (including Certificate of Survey 792), located in
Section 24, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana;
"D INCLUDING THERETO Allison Subdivision,Phase 2, in the City of
Bozeman, Gallatin County, Montana;
f`J EXCEPTING therefrom all of Allison Minor Subdivision Phase 1 No. 266, in the
City of Bozeman, Gallatin County, Montana.
All according to the official plat thereof on file and of record in the Office of the
Gallatin County Clerk and Recorder.
For convenience herein, all included lands above are herein after collectively referred to
as the"Allison Subdivision."
MEMBERSHIP
Every owner of property in Allison Subdivision shall be a member of the Homeowners'
Association. Membership shall be appurtenant to and may not be separate from the ownership of
any site subject to assessment. Each site owner shall be responsible for advising the Association
of his acquisition of ownership and his current address. Each owner shall be bound by the
Bylaws and the duly passed Resolutions of the Association. The Association may be
incorporated as a non-profit homeowners association by the Grantor or by the vote of simple
majority of the votes for the record owners. In such event the common areas shall be deed to
such organization.
The Association shall have two (2) classes of voting membership:
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CLASS "A": Class A membership shall be all site owners with the exception of Class B
members named below. Class A members shall be entitled to one vote for each site. When more
than one person holds an interest in any site, all such persons shall be members. The vote for
such a site shall be exercised as they among themselves determine,but in no event shall more
than one (1)vote be cast with respect to any site.
CLASS "B": The Class B member shall be the Grantor, who shall be entitled to two (2)
votes for each site owned. Class B membership shall cease and be converted to Class A
membership when seventy percent (70%) of the original sites are sold to second parties.
The foregoing not withstanding, until the remainder land is subdivided, has received final
plat approval and the"opt out period"has passed, they shall not be bound by nor obligated to
comply with any vote of the Homeowners' Association. That is, until such time as the lands are
developed, the remainder lands are not a part of the Homeowners' Association nor bound by a
vote thereof.
OPERATIONS
Duties of the Association shall include routine inspections to ensure that debris, yard
waste, and seasonal ice does not impede operation of the detention ponds, and discharge
structures. These inspections shall occur after each major runoff event and on a monthly basis
throughout the year. All results shall be recorded and kept on file for future verification by
regulatory agencies. In addition to the routine inspections, annual inspections shall assess and
mitigate, if necessary,performance of the detention ponds, and release structures. Criteria shall
include accumulation of sediment and debris in the detention ponds, and release structures as
well as any weather or vandalism related damage. Detention ponds shall be mowed on a regular
basis during the growing season so as to remain free of vegetation that might impede their
storage capacity.
NOXIOUS WEED CONTROL
The control of noxious weeds by the Homeowners' Association on those areas for which
the association is responsible and the control of noxious weeds by individual owners on their
respective lots shall be as set forth and specified under the Montana Noxious Weed Control Act
(MCA 7-22-2101 through 7-22-2153) and the rules and regulations of the Gallatin County Weed
Control District.
The landowner shall be responsible for the control of state and county declared noxious
weeds on his or her lot. Both unimproved and improved lots shall be managed for noxious
weeds. In the event a landowner does not control the noxious weeds, after 10 days notice from
the Homeowner's Association, the association many cause the noxious weeds to be controlled.
The cost and expense associated with such weed management shall be assessed to the lot and
such assessment may be come a lien if not paid within thirty (30) days of the mailing of such
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ASSESSMENTS
The directors of the Homeowners' Association shall have the authority to levy
assessments on each site and the owner thereof for the purpose of the above operation,
administration, accounting and legal fees. The Directors may also levy assessments for such
other purposes as may be approved by two-thirds (2/3) of the total votes of the site owners.
The Grantor for each site owned within the property herein described, hereby Covenants,
and each owner of any site,by the acceptance of a deed therefore,whether or not it shall be so
expressed in such deed, is deemed to Covenant and agree to these Covenants and to pay to the
Homeowners' Association, such assessments as shall be levied by the Homeowners' Association
on an annual basis. The annual assessment shall be a charge upon the land and shall be a
continuing lien upon the property and site upon which the assessments are made.
Each assessment shall also be a personal obligation of the person who is the owner of the
property at the time the assessment falls due, and in the event of any action to enforce the
collection of any assessment,the property Homeowners' Association shall be entitled to its costs
and interest at the rate of ten percent(10%)per annum from the date due and reasonable
attorney's fees incurred by the Association. No owner shall be entitled to a reduced assessment
because such owner does not reside upon the property or does not use the roads or other
amenities.
Members of the association shall annually elect three (3) directors from its membership
who shall have the power and responsibility of setting an annual budget. The amount of the
assessments of each site for each year for the estimated costs of the Association for the
commencing year shall be based upon the budget. Such directors shall be elected by the greatest
number of the votes represented at a quorum of any meeting of the association. The directors
may be removed from time to time at any regular called meeting of the association by a majority
of the quorum of votes at the meeting or immediately,upon termination of membership. The
directors are authorized to manage the business of the association and are authorized to take such
actions as shall be necessary and reasonable to carry out the functions of the association. The
directors shall elect a president and secretary from among the directors of members. The duties
of the president and secretary shall be established by the board of directors.
The total assessment shall be divided and paid equally by the owners of each site
regardless of the size of the site. After the initial assessment is set the assessment against any site
shall not increase more than 10 percent(10%)per year without the approval of two-thirds (2/3)
of the vote of the owners of the sites.
Written notice of any meeting called for the purpose of taking any action authorized
hereunder shall be mailed to all members not less than 10 days nor more than 45 days in advance
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of the meeting. A general description of the items to be considered at such a meeting shall be
contained in the notice. At such meeting called, the presence of members or of proxies entitled to
cast fifty-percent (50%) of all the votes of Class A and Class B members combined shall
constitute a quorum. If the required quorum is not present, another meeting may be called subject
to the same notice requirement, and the required quorum at the subsequent meeting shall be one-
half(112) of the required quorum at the preceding meeting. No such subsequent meeting shall be
held more than sixty(60)days following the preceding meeting.
The annual assessments provided for herein shall commence as to all sites on the date
determined by the board of directors. The Board of Directors shall fix the amount of the annual
assessment against each site based upon a budget of the estimated expenses of the association for
each year. At least thirty (30) days in advance of the due date of each annual assessment, written
notice of the annual assessment and the due date shall be mailed to every site owner at their last
known address. The due dates shall be established by the Board of Directors. The Association
shall, upon demand, and for a reasonable charge, furnish a certificate signed by Directors of the
Association, setting forth whether the assessment of a specified site has been paid.
An assessment not paid within thirty (30) days after the due date shall bear interest from
the due date at the rate of ten percent(10%)per annum. The Association may bring an action at
law against the owners personally obligated to pay the same or may foreclose the lien against the
property. No owner may waive or otherwise escape liability for the assessments provided for
herein by non-use or abandonment of his site or because he believes or she that these Covenants
are not being property enforced. Upon delivery of the notice of assessment to the owner, the
assessment shall be a lien upon the owner's site until paid. The Association may record a notice
of the lien with the Clerk and Recorder of Gallatin County, Montana. In the event of non-
payment within thirty(30) days after recording the notice of the lien, the Association may
foreclose the lien in a manner set forth under Montana law for the foreclosure of liens against
real property. The recording of the notice of lien shall be notice to all third parties of the
assessment outstanding against the site. In the event of action to collect a past due assessment,
the association shall be entitled to recover its costs of filing the lien, interest, and the cost of
action, reasonable attorneys fees in preparation and filing the lien and preparing and prosecuting
the action, and title search fees in addition to the amount of the past due assessment.
The sale, transfer or encumbrance of any site shall not affect the assessment lien or the
personal liability of the owner except to the extent extinguished by Montana law.No sale,
transfer or encumbrance shall relieve such site from liability for any assessments thereafter
becoming due or from the lien thereof.
The Homeowners Association may adopt such additional rules and regulations as shall be
reasonable and necessary to carry out its authority and duties under the terms of these Covenants
provided that such additional rules and regulations are first adopted by a majority of the Board of
directors and then submitted to a meeting of the Homeowners Association for a vote by
delivering notice of the meeting together with a copy of the additional rules and regulations to
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the last known address of each site owner at least thirty days before the meeting.
Additional rules and regulations shall be adopted provided they receive a sixty percent
(60%) vote of the site owners present in person or by proxy based on one vote per site.
Additional rules and regulations shall be effective 30 days after the same are executed and
recorded by the Board of Directors of the Homeowners Association with the Clerk and
Recorder of Gallatin County, Montana, and mailed to each site owner at their last known address.
OTHER TYPES OF ASSESSMENTS
A) CAPITAL IMPROVEMENTS
The association may levy assessments for construction or reconstruction or unexpected
repair or replacement of a capital improvement or equipment for use consistent with the purposes
of the Association.
B) EMERGENCIES
Emergency assessments shall be levied only to meet the costs and expenses precipitated
by a condition, which must be remedied promptly to ensure the safe and adequate discharge of
the responsibilities of the Association.
C) COMPLIANCE ASSESSMENTS
The Association may levy an assessment for purposes of defraying costs, including legal
fees to enforce any protective covenant or authority or responsibility granted to the Association,
or to pay for the necessary repair or maintenance of a property or residence which an owner has
otherwise refused to repair or maintain or which has been caused by an emergency.
FORECLOSURE AND EXECUTION
As further security for payment of assessments levied by the Association, the Association
may, in addition to foreclosing upon the lien as described above, execute upon a judgment
through all remedies provided at law and equity, including sale of the liened parcel in accordance
with the laws of the State of Montana. At such a sale, the Association may bid upon and acquire
such site.
INCORPORATION AND ADDITION OF REMAINDER LANDS
ESTABLISHMENT OF LIGHTING DISTRICT
This clause is to provide for the incorporation of the remainder lands into the
Homeowners' Association when they are developed, for the establishment of a Lighting District,
and to provide for control of the open areas.
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A. Phase 2 has been completed into developed residential building lots which are
ready for home building or already have homes built on them. Other Phases of Allison
Subdivision have been started in the process of obtaining governmental approval and other
portions of the Remainder Property is anticipated to follow. As each phase of the Allison
Subdivision is developed,the undersigned want the Remainder Property and Phase 2
incorporated into and bound by this Declaration.
B. Further, the Undersigned intend to establish a"neighborhood street lighting
district" for the subdivision through a contract with the NorthWestern Energy Company, f/k/a
Montana Power Company. This will allow the development and construction of street and lawn
lights through out the Allison Subdivision as each phase develops. This covenant will also
provide the Homeowners Association the power and authority to bill and collection for the costs
of such lighting to the homeowners in the Allison Subdivision.
C. Further,the open areas, surface run off ponds, ditches,water ways, trails and other
common areas of the Allison Subdivision, as and when developed, are to be constructed and
maintained by the Homeowners' Association. The costs of such construction and maintenance is
to be assessed to the Homeowner members as set out in this Declaration.
Accordingly,the Undersigned agree and declare as follows:
1. The land referred to as being the remainder of Certificates of Survey Nos.252 and
793 and a portion of abandoned railroad Right-of-way located in the NE'/4 and in the SE '/4 of
Section 24, Township 2 South, Range 5 East, P.M.M. ("Remainder Property"), including
Allison Subdivision, Phase 2, ("Phase 2"), are hereby incorporated into, and unless it is opted
out, shall be subject to and is hereby made a part of this Declaration. This incorporation is to
take effect as each such property receives final approval of the subdivision by the City
Commissioners for the City of Bozeman, Montana, filing of the final plat of record and upon
termination of the "opt out"right further set forth herein, or immediately in the case of Phase 2
lands.
a. The Phase 2 and Remainder Properties, for sake of convenience, shall be
collectively referred to as the Allison Subdivision and shall all be governed by this
Declaration.
b. The foregoing notwithstanding, at present, a large part of the Remainder Property
is largely undeveloped, or awaiting approval by the City of Bozeman. It is anticipated
that this Remainder Property will be developed in Phases. In this regard, the owners of
the Remainder Property reserve the right, as each phase of the Remainder property of the
Allison Subdivision is developed, to have that phase of the Remainder Property"opt out"
of being subject to and/or under the restrictions of this Declaration and may have that
phase of the Remainder Property excluded from being a part of or member in the
Homeowners' Association. Until the opt out period passes, the remainder lands shall not
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be subject to nor bound by any vote of the Homeowners' Association.
C. This right to "opt out" shall terminate and lapse upon final approval of the phase
of the Remainder Property of the subdivision by the City Commissioners for the City of
Bozeman, Montana and filing of the final plat of record. To exercise the right to opt a
phase out of being subject to this Declaration and its restrictions, 100% of the owner(s) of
the phase of the Remainder Property"opting out",must, prior to final approval of the
phase by the City of Bozeman and filing of the final plat of record, file an amendment to
this Declaration stating that the particular phase is to be excluded from the restrictions of
this Declaration and this amendment.
d. There is hereby adopted and established, for the use and benefit of all of the
Members of the Allison Subdivision, (excluding any phase which"opts out"), a
"Neighborhood Street Lighting District"within the Allison Subdivision. The
Developers, (and the Directors, upon succeeding the Developers), are hereby authorized
to enter into contracts with the necessary utility companies for the furnishing,
construction, erection, installation and maintenance of such lights. The lighting may
include such street and lawn lighting as are established by Jarrett and Bon Ton, or as are
subsequently deemed appropriate by the board of directors of the Subdivision.
e. Each member shall be assessed for the costs of installation and maintenance of the
Street Lighting,(and lawn lighting if appropriate), in proportion to their membership
interest as set out in this Declaration for Assessments. Provided, however, a member
shall not be assessed until such time as there is street lighting on the member's street or at
the intersection of his street with another street.
f. The open areas, surface run off or retention ponds, ditches, water ways, trails,
common areas adjacent to City Parks within the Allison Subdivision, and all other
common areas of the Allison Subdivision which are not maintained by governing
authorities, are to be constructed(if applicable) and maintained by the Homeowners'
Association. The costs of such construction and maintenance is to assessed to the
Homeowner members as set out in this Declaration.
g. Until the Remainder Property is developed into residential lots and sold, the
owner intends to continue using such lands for agricultural purposes.
h. Jarrett and Bon Ton shall have the right to execute any and all documents and to
do all acts required to add to or remove the Remainder Property from the Allison
Subdivision.
i. This Declaration inures to, and pass with, each and every lot located in the Allison
Subdivision and shall bind the respective successors in interest of the owners of each such
lots. This Declaration is to be construed as restrictive covenants, conditions, reservations
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and restrictions which are imposed on each lot and shall run with the land to the fullest
extent of the law.
MERGERS AND ADDITIONS
With the exception of the Remainder Lands, previously set forth, the Association may, if
deemed prudent by sixty percent(60%) of the voting members join with another association for
the mutual accomplishment of certain tasks and projects.
The Grantor reserves the right to add additional lands, provided such lands are adjacent to
the present Allison Subdivision, which lands shall be incorporated into and made a part of this
subdivision.
ACCUMULATION OF REMEDIES
All remedies provided under the covenants and this instrument and all of the rules and
regulations of the Association and remedies and authority granted to individual owners to
enforce covenants shall be cumulative and shall be in addition to, and not in substitution of, all
other rights and remedies which the Association may have under law.
In addition, any owner or the Association may bring an action for damages for injunctive
relief to abate a nuisance, to restrain any threatened or prospective violation or continuing
violation of any portion of the covenants affecting Allison Subdivision. In any such action for the
enforcement of covenants, the prevailing party shall be entitled to recover all costs, court costs,
costs of discovery and reasonable attorney fees.
NOTICES
Each owner shall register with the Association, a current mailing address and shall
promptly notify the Allison Subdivision Association of any change. All notices,demands, and
other communication to any owner shall be sufficient for all purposes if personally served of if
delivered by postage pre-paid United States Mail, Certified, return receipt requested, addressed to
the owner at the last mailing address registered with the Association.
SEVERABILITY
Invalidity or un-enforceability of any provision instrument determined by a Court shall
not affect the validity or enforceability of any other provision.
NO WAIVER
Failure to enforce any provision, restriction, covenant or condition shall not create a
waiver of any such provision, restriction, covenant or condition or of any other provision,
restriction, covenant or condition.
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AMENDMENT
Except as affects the Opt Out provisions on the Remainder Property, set forth above, this
Declaration may be amended by a 76%majority vote of all of the members of the Allison
Subdivision Homeowners' Association, as voting of members is set out in this Declaration.
IN WITNESS WHEREOF, this declaration has been executed this k day of
2002.
Owner: Property Owned:
W COS 252, (including COS 792) (excepting
Bon T c. oDrIffings Phases 1 & 2) ; Remainder Tract A;
By: Lots 1, 3 &4, Blk 1; Lots 2, 3, & 5, Blk 2;
Lots 1, 3, & 5, Blk 3; and Lots 1, 2, 3, 5, 6,
Its: ��n�7 & 7, Blk 4 all in Allison Subdivision, Phase
2.
--4,ets-2, 5, & 6, Blk 1; and Lot 1, Blk 2 all in
David C. J tt Allison Subdivision, Phase 2
Lot 7 in Block 1 of Allison Subdivision
Jeffrey C. uire Phase 2
9
Xn �7 /- Lot 7 in Block 1 of Allison Subdivision -
illian R. Squire r Phase 2
7t� \'�. Lot 4 in Block 2 of Allison Subdivision
David W. Baker j� Phase 2
Lot 4 in Block 2 of Allison Subdivision -
yl Phase 2
Lot 2 in Block 3 of Allison Subdivision
�ames A. Ullman Phase 2
' r
Lot 2 in Block 3 of Allison Subdivision-
Kat J. lAman Phase 2
Lot 4 in Block 3 of Allison Subdivision
Christopher M. Pannell Phase 2
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Lot 4 in Block 3 of Allison Subdivision -
Janet S. Panne 1 - Phase 2
` d Lot 4 in Block 4 of Allison Subdivision
Richard M.Vortensen Phase 2
_�' ' L.; ` -: Lot 4 in Block 4 of Allison Subdivision-
Diane B. Mortensen Phase 2
STATE OF MONTANA )
:ss
County of Gallatin )
On this /D"Iday of 2000, before me, ear— ,4, OtJES , a Notary Public
in and for the State of Montana, personally appeared Gene Graf, known to me to be the president
of Bon Ton, Inc. Of Billings, and the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same on behalf of said corporation.
`40 " Notary Public for the St e of Montana.
(SEAL) * ; * act a-r+a o N CS
.'r (Print Name of Notary Public)
(P•
qr' • . , ��E Residing at Bozeman, Montana
(.;F y My commission expires: f U -a()— 20 Q3
rrj � . .
STATE OF MONTANA )
:ss
County of Gallatin )
On this jCfday of ,2002, before me, RM LV rO A• T NILS , a Notary Public
in and for the State of Montana, personally appeared David C. Jarrett, known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same.
t
Notary Public for the St e of Montana.
(SEAL) , 'Z CX.r-la� A•To
�� •�yU k r, ' 'n (Print Name of Notary Public)
* Residing at Bozeman, Montana
My commission expires: !O- al0- 2003
'� , -10-
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STATE F MONTANA I IIII
STA O )
:ss Shelley vane-Gallatin Co MT MISC 72-00
County of Gallatin )
On th day of ,2002,before me,_ -- �O_A ; Notary Public
in and for the State of Montana,personally appeared Jeffrey C. Squire and Lillian R. Squire,
known to me to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
Notary Pubic for the Stat f Mo�tana•
(Print Name of Notary Public)
Residing at Bozeman, Montana ) �_
My commission expires: J
J 20
STATE OF MONTANA )
:ss
County of Gallatin }
On thi� 1 day of ( ,2002, before me,` 6L Notary Public
in and for the State of Montana, personally appeared David W. Baker and Cheryl E. Baker,
known to me to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
�"'r' Not, Publi for the State of ntana
(Print Name of Notary Public)
Residing at Bozeman, Mont a>'�
?TE- OF My commission expires: 20�
//I/llllki W
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of/ ,2002,before ltr a Notary Public
in and for the State of Montana,personally appeared James A. Ullman and Kathryn J. Ullman,
known to me to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
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Sha11aY Vance—Gallatin Cc MT MISC 72.00
/ - '
N ic for the Stat f Mo�ana.
(Print Name of Notary Public)
Residing at Bozeman, Montana
My commission expires: J 20 Q y
/, /r 11I I IWo
STATE OF MONTANA )
:ss
County of Gallatin )
On thi dayof ,2002, before ��� Not Public
in and for the State of Montana,personally appeared Christopher M. Pannell and Janet S.
Pannell, known to me to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same.
'r N�J Publig for the State of ntana./'
`. ; -�r.: (Print Name of Notary Public)
Residing at Bozeman, Montana
OF tv�0 My commission expires: <�' 20
,0)1111
STATE OF MONTANA }
:ss
County of Gallatin )
n e da of 2002 before ,--
• tl� y � mom.=� �.tary rutihc
in and for the State of Montana, personally appeared Richard M. Mortensen and Diane B.
Mortensen, known to me to be the persons whose names are subscribed to the within instrument
and acknowledged to me that they executed the same.
Not Public ar the State o ontan
(Print Name of Notary Public)
f
Residing at Bozeman, Montana
U`a ` My commission expires: 20
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After recording return to:
Chris G Budeski,PE
Madison Engineering LLC
895 Technology Blvd Suite 203
Bozeman,MT 59718
2761507
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Eric Semerad — Gallatin County, MT MIsc
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FIRST ADDENDUM TO THE DECLARATION FOR THE
ALLISON SUBDIVISION—PHASE 2
and REMAINDER PROPERTY OF COS 252,792 & 793
The FIRST ADDENDUM to the DECLARATION FOR THE ALLISON SUBDIVISION—
PHASE 2 and REMAINDER PROPERTY OF COS 252,792 & 793 (hereinafter referred to as
the"First Addendum") is executed upon the date found at the conclusion of this document.
The land and real property to be included and to which this First Addendum pertain are described
as follows:
Allison Subdivision Phase 3A—A subdivision of Remainder Tract A of Allison
Subdivision Phase 2, located in the northeast one-quarter and the southeast one-quarter of
Section 24, Township 2 south, Range 5 east, P.M.M., City of Bozeman, Gallatin County,
Montana.
And:
Allison Subdivision Phase 3B—A subdivision of Lot 1, Block 2 of Allison Subdivision
Phase 3A,located in the northeast one-quarter and the southeast one-quarter of Section
24,Township 2 south, Range 5 east,P.M.M., City of Bozeman, Gallatin County,
Montana.
And:
Allison Subdivision Phase 4A and 4B—A subdivision of Lot 1, Block 2 of Allison
Subdivision Phase 3B, (Plat Reference J-608 and J-608A), located in the northeast one-
quarter and the southeast one-quarter of Section 24, Township 2 south, Range 5 east,
P.M.M.,City of Bozeman, Gallatin County, Montana.
Reference is made to the DECLARATION OF COVENANTS AND HOME OWNERS'
ASSOCIATION FOR ALLISON SUBDIVISION PHASE 2 AND REMAINDER PROPERTY
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OF COS 252,792& 793,which was filed and recorded on November 22, 2002,as Document No.
2088651 (hereinafter referred to as"Declaration"). The Declaration was recorded in the office
of the Clerk and Recorder for Gallatin County, Montana.
RECITALS
1. The Owner's of the property in Allison Subdivision Phase 4A and 4B, wishes to now
addend the Declaration;
NOW THEREFORE,the Declaration,pursuant to this First Addendum, shall be
addended to include the following language as follows:
All street rights-of-way contiguous to or within the proposed development site not used
for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall
be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1)
large canopy tree for each 50 feet of total street frontage rounded to the nearest whole
number. For street trees, a City of Bozeman planting permit for street trees and obtaining
utility locates is required before any excavation begins in the City of Bozeman right-of-
way.
Planting hole shall be at least twice the diameter of the root ball, that the root flare of the
newly planted tree is visible and above ground, and there should be a mulch ring 3'- 4' in
diameter around each newly planted boulevard tree.
And:
The control of Noxious Weeds by the Owners Association on those areas for which the
Owners Association is responsible and the control of Noxious Weeds by individual
owners on their respective lots shall be as required by the Montana Noxious Weed
Control Act (§ 7-22-2101, MCA through § 7-22-2153, MCA as amended) and the rules,
regulations and management Plans of the Gallatin County Weed District. Both
unimproved and improved lots shall be managed for Noxious Weeds. In the event a
Landowner does not control the Noxious Weeds after 10 days' notice from the Owners
Association,the Owners Association may cause the Noxious Weeds to be controlled. The
cost and expense associated with such weed management shall be assessed to the lot and
such assessment may become a lien if not paid within thirty (30) days of the mailing of
such assessment. The Owners Association is responsible for control of state and county
declared Noxious Weeds in the subdivisions parks, open spaces, community areas,trails,
and roadways. Nothing herein shall require or obligate the Gallatin County Weed District
to undertake any management or enforcement on behalf of the Owners Association or
Landowners that is not otherwise required by law of the Gallatin County Weed District
Management Plan.
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If an Owners Association does not exist, covenants must substantively meet the
following:
1. Landowners shall comply with Montana Noxious Weed Control Act (§ 7-22-2116,
MCA); Gallatin County Noxious Weed Management Plan; and any Weed Management
Plans approved by the Board that are relevant to the subdivision.
2. Landowners shall be responsible for Noxious Weed control on their individual lots.
3. The Landowners are collectively responsible for Noxious Weed control in the parks,
open spaces, community areas and trails. Each Landowner is then responsible for the
subdivision roadway right of way adjoining their property
And:
BMC 38.220.310.A.iii—Access to the common area or facility is available to the public.
And:
BMC 38.220.310.B.4—Common area and facilities are perpetually reserved.
And:
BMC 38.220.310.B.8 — The ownership of the common areas and facilities shall be
transferred to the HOA at the filing of the Final Plat of Phase 4B and/or Phase 4A.
And:
BMC 38.220.310.B.9 — The permission of the City Commission is required before the
HOA can be dissolved or the boundaries altered.
And:
BMC 38.220.310.0 — If the HOA fails to install or maintain improvements according to
approved plans,the city may, at its option, complete construction of improvements and/or
maintain improvements in compliance with section 38.220.200 and division 38.270 of the
Bozeman Municipal Code at the time of the filing of the Final Plat of Phase 4B and/or
Phase 4A. The city's representative, contractors and engineers must have the right to enter
upon the property and perform such work, and the home owners' association must permit
and secure any additional permission required to enable them to do so. The city will bill
the home owners' association for any costs associated with the installation or
maintenance of improvements.
And:
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2761507 Page 4 of 6 12/14/2021 03.04.42 PM
BMC 38.220.320.A.5 —The HOA shall be responsible for maintenance and operation of
common areas as described below:
Common area and Facility Maintenance Plan -HOA responsibility for routine
inspection and maintenance
1. Keep the outlet and inlets of the facility free of leaves, rocks, and other
debris.
2. The storm water retention basins are to be mowed regularly. During the
summer, approximately once every two weeks,the grass is to be mowed and
the cuttings are to be promptly removed and disposed of. Unless visibly
tainted, dispose of lawn clippings in the same manner as yard waste.
Otherwise,bag and take to a sanitary landfill.
3. Remove sediment by hand with a flat bottom shovel during the summer
months whenever sediment covers vegetation. Have the grass cut short in
that particular location so that the bed can be made as level as possible.
4. Re-sod damaged or maintained areas immediately, or use grass plugs from
the adjacent up-slope area.
5. Inspect the facilities periodically, especially after heavy rains (preferably
monthly and after each storm that delivers 0.5 inches of rainfall).
6. Inspect flow control outlet semi-annually. Clean outlet when soil and
vegetation buildup interfere with flow introduction.
7. See that litter and other debris are removed from retention basins and swales.
8. Owner to maintain and fund Operation and Maintenance of stormwater
facilities.
And:
BMC 38.220.320.A.6 - In the event the organization or any successor organization
established to own and maintain common areas and facilities, must at any time fail to
maintain the common areas or facilities in reasonable order and condition in accordance
with the approved plan, the city may cause written notice to be served upon such
organization or upon the owners of property in the development. The written notice must
set forth the manner in which the common areas or facilities have failed to be maintained
in reasonable condition. In addition, the notice must include the demand that the
deficiencies noted be cured within 30 days thereafter and must state the date and place of
Page 4 of 6
2761507 Page 5 of 6 12/14/2021 03.04.42 PM
a public meeting to be held within 14 days of the notice. At the time of public meeting,
the city commission may modify the terms of the original notice as to deficiencies and
may extend the time within which the same may be cured. If the deficiencies set forth in
the original notice or modifications are not cured within the time set, the city may enter
upon such common facilities and maintain the same for a period of one year, in order to
preserve the taxable values of properties within the development and to prevent the
common facilities from becoming a public nuisance. Such entry and maintenance must
not vest in the public any right to use the common facilities not dedicated to public use.
Before the one year period expires, the commission must, upon its own initiative or upon
written request of the organization theretofore responsible for maintenance, call a public
meeting and give notice of such meeting to the organization responsible for maintenance
or the home owners' of the development. At the meeting, the organization responsible for
maintenance and/or the residents of the development may show cause why maintenance
by the city should not be continued for a succeeding year. If the city commission
determines that it is not necessary for the city to continue such maintenance,the city must
cease such maintenance at the time established by the city commission. Otherwise the
city must continue maintenance for the next succeeding year subject to a similar meeting
and determination at the end of each year thereafter.
a. The cost of maintenance by the city must be a lien against the common facilities of the
development and the private properties within the development. The city commission
must have the right to make assessments against properties in the development on the
same basis that the organization responsible for maintenance of the facilities could make
such assessments. Any unpaid assessment must be a lien against the property responsible
for the same, enforceable the same as a mortgage against such property. The city may
further foreclose its lien on the common facility by certifying the same to the county
treasurer for collection as in the case of collection of general property taxes.
b. Should the home owners' association request that the city assume permanent
responsibility for maintenance of facilities, all facilities must be brought to city standards
prior to the city assuming responsibility. The assumption of responsibility must be by
action of the city commission and all costs to bring facilities to city standards must be the
responsibility of the home owners' association. The city may create special financing
mechanisms so that those properties within the area affected by the home owners'
association continue to bear the costs of maintenance.
c. The city must assume permanent responsibility for maintenance of public areas and
facilities when a dedicated funding mechanism is adopted.
And:
BMC 38.220.310.A.7 - Open space shown on the approved final plan or plat must not be
used for the construction of any structures not shown on the final plan.
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2761507 Page 6 of 6 12/14/2021 03:04:42 PM
IN WITNESS WHEREOF,this declaration has been executed this day of lJ��- ,20 Z I
Owner:
on To
By: "
Its:
STATE OF MONTANA )
):ss
County of Gallatin )
On this ? day of ECE �lll, , 202 , before me the undersigned, a Notary
Public for the State of Montana, personal] appeared� 6i dWI>4!C , known to
me to be wG/0ISC%-yt of ecf /'col -Z,�U and the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the within
instrument for and on behalf of Sod 77V' F �`U<, .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Not Public f State of Montana
Notary ORML)3UDESK!
Cj s Notary Public
aoTARlgj- =for the State of Montana
Residing at:
Chris Budeski ;c�j'.SEAL, Bozeman, Montana
Residing at Bozeman MT MY Commission Expires:
My Commission expires:November 26, 2023 November 26,2023
Page 6 of 6
After recording return to:
Erik Ringsak, PE
WWC ENGINEERING
895 Technology Blvd Suite 203
Bozeman, MT 59718
SECOND ADDENDUM TO THE DECLARATION FOR THE
ALLISON SUBDIVISION—PHASE 2
and REMAINDER PROPERTY OF COS 252,792 & 793
The SECOND ADDENDUM to the DECLARATION FOR THE ALLISON SUBDIVISION—
PHASE 2 and REMAINDER PROPERTY OF COS 252,792 & 793 (hereinafter referred to as
the "Second Addendum") is executed upon the date found at the conclusion of this document.
The land and real property to be included and to which this Second Addendum pertains are
described as follows:
Allison Subdivision Phase 4A—Lot IA, Block 2 of Amended Plat of Lot 1 and Lot 2,
Block 2, Allison Subdivision Phase 4A, (Plat Reference J-702), located in the northeast
one-quarter and the southeast one-quarter of Section 24, Township 2 south, Range 5 east,
P.M.M., City of Bozeman, Gallatin County, Montana.
Reference is made to the DECLARATION OF COVENANTS AND HOME OWNERS'
ASSOCIATION FOR ALLISON SUBDIVISION PHASE 2 AND REMAINDER PROPERTY
OF COS 252,792 & 793, which was filed and recorded on November 22, 2002, as Document No.
2088651 (hereinafter referred to as "Declaration"). The Declaration was recorded in the office
of the Clerk and Recorder for Gallatin County, Montana.
RECITALS
1. The Owner's of the property in Allison Subdivision Phase 4A and 4B, wishes to now
addend the Declaration;
NOW THEREFORE, the Declaration, pursuant to this First Addendum, shall be
addended to include the language as follows:
The dependent lot is not a buildable lot independent of the primary lot and
associated cottage housing subdivision development as refined in the City of
Bozeman Unified Development Code Section 38.360.120.
Page 1 of 4
Additional development of the dependent lots may be limited as a result of the
application of development standards applicable to the primary lot.
Any and all restrictions that apply to the common open areas and permitted
cottage square footages shall be included on the Conditions of Approval page of
the Amended Plat.
The Owners Association is responsible for the maintenance of the primary lot,
including maintaining common areas and snow removal. A requirement of the
maintenance of the primary lot is to ensure dependent lots not abutting a public
street have physical access to a public street.
The Owners Association shall enforce the `No Parking' designation of the gravel
fire truck turnaround and approach. The Owners Association is to remove any
vehicle or obstacles that may prevent emergency vehicles from accessing the
gravel fire truck turnaround.
Reciprocal joint use and maintenance agreements, for each dependent lot within
the primary lot, must be executed for access, use and maintenance of common
garage or parking areas, common open area and other similar features, and
recorded with the Gallatin County Clerk and Recorder's office along with the
final Amended Plat.
If a subdivision exemption is used to create a cottage housing subdivision,
installation of all required water and sewer mains and services, parking areas, and
similar features must be completed and accepted by the city prior to recording of
the subdivision exemption or the developer may enter into an improvement
agreement to secure the same work.
Page 2 of 4
IN WITNESS WHEREOF, this declaration has been executed this day of , 20_
Owner:
Bon Ton, Inc
By:
Its:
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of , 202_,before me the undersigned, a Notary
Public for the State of Montana,personally appeared , known to
me to be of and the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the within
instrument for and on behalf of
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Notary Public for the State of Montana (SEAL)
Residing at
My Commission expires:
Page 3 of 4
IN WITNESS WHEREOF, this declaration has been executed this day of , 20_
Owner:
Blackmore Cottage Co, LLC
By:
Its:
STATE OF MONTANA )
):ss
County of Gallatin )
On this day of , 202_,before me the undersigned, a Notary
Public for the State of Montana,personally appeared , known to
me to be of and the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the within
instrument for and on behalf of
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
Notary Public for the State of Montana (SEAL)
Residing at
My Commission expires:
Page 4 of 4